Bombay High Court
Kashinath Namdevrao Rathod And Another vs The State Of Maharashtra And Others on 17 February, 2017
Author: T.V. Nalawade
Bench: T.V. Nalawade
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.122 OF 2016
1. Kiran Shivaji Patil,
Age : 49 years, Occ. Service
as Hostel Superintendent,
r/o. c/o. Primary Ashram School,
Mardi, Tq. Lohara, Dist. Osmanabad
2. Abhimanyu Vitthal Chavan,
Age : 38 years,
occ. Hotel Superintendent,
r/o. c/o. Sant Dnyaneshwar
Primary Ashram School,
Umregavan, Tq. Osmanabad,
Dist. Osmanabad.
3. Phulaji Laxman Tatikundalwar,
Age : 43 years,
Occ. Hostel Superintendent,
r/o. c/o. Eklavya Primary
Ashram School, Mangrul,
Tq. Tuljapur, Dist. Osmanabad
4. Shivaji Chatru Rathod,
Age : 49 years,
Occ. Hostel Superintendent,
r/o. c/o. Vidyadhan Primary
Ashram School, Ghatangri,
Tq. and Dist. Osmanabad
5. Limbaji Rangnath Devkate,
Age : 42 years,
Occ. Hostel Superintendent,
r/o. c/o. Matoshri
Lochnabai Suryabhan Tarange
Primary Ashram School,
Nali, Tq. Paranda,
Dist. Osmanabad.
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6. Dhanraj Maroti Aurade,
Age : 35 years.
Occ. Hostel Superintendent,
r/o. c/o. Primary Ashram
School, Kavtha, Tq.Omerga,
Dist. Osmanabad
7. Nitin Devidas Bhosle,
Age : 29 years,
Occ. Hostel Superintendent
r/o. c/o. Shivram Primary
Ashram School, Tirori,
Tq. Omerga,
Dist. Osmanabad
8. Ramchandra Bhillu Pawar,
Age : 53 years,
Occ. Hostel Superintendent,
r/o. c/o. V.J. Ashram Shala,
Sunderwadi, Tq. Omerga,
Dist. Osmanabad
9. Vilas Dipla Rathod,
Age : 40 years,
Occ. Hostel Superintendent,
r/o. c/o. Sahara Primary
Ashram School, Ashta Kasar,
Tq. Lohara, Dist. Osmanabad ..Petitioners
Vs.
1. The State of Maharashtra,
Through its Secretary,
Social Justice and Special
Assistance Department,
Mantralaya, Mumbai
2. The Principal Secretary,
The Finance Department,
Government of Maharashtra,
Mantralaya, Mumbai
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3. The Director,
Vimukta Jati Nomadic Tribes,
Other Backward Classes,
Special Backward Classes,
Welfare Directorate,
Maharashtra State,
Pune
4. The Special District Social/
Assistant Commissioner Social
Welfare Officer, Osmanabad ..Respondents
WITH
WRIT PETITION NO.8023 OF 2016
Maroti s/o. Bapurao Kajale,
Age : 42 years. Occ. Service,
as Hostel Superintendent,
r/o.c/o. Primary Ashram School,
Dhangar Takli, Tq. Purna,
Dist. Parbhani ..Petitioner
Vs.
1. The State of Maharashtra,
Through its Secretary,
Social Justice and Special
Assistance Department,
Mantralaya, Mumbai
2. The Principal Secretary,
The Finance Department,
Government of Maharashtra,
Mantralaya, Mumbai
3. The Director,
Vimukta Jati Nomadic Tribes,
Other Backward Classes,
Special Backward Classes,
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Welfare Directorate,
Maharashtra State,
Pune
4. The Special District Social/
Assistant Commissioner Social
Welfare Officer, Osmanabad ..Respondents
WITH
WRIT PETITION NO.8024 OF 2016
1. Kashinath s/o. Namdevrao Rathod,
Age : 50 years, Occ. Service,
as Hostel Superintendent,
r/o.c/o. Primary Ashram School,
Malewadi, Tq. Gangakhed,
Dist. Parbhani
2. Trimbak s/o. Vishvanathrao Gath,
Age : 59 years, Occ. Service,
as Hostel Superintendent,
r/o.c/o. Primary Ashram School,
Ranisawargaon, Tq. Gangakhed,
Dist. Parbhani ..Petitioners
Vs.
1. The State of Maharashtra,
Through its Secretary,
Social Justice and Special
Assistance Department,
Mantralaya, Mumbai
2. The Principal Secretary,
The Finance Department,
Government of Maharashtra,
Mantralaya, Mumbai
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3. The Director,
Vimukta Jati Nomadic Tribes,
Other Backward Classes,
Special Backward Classes,
Welfare Directorate,
Maharashtra State,
Pune
4. The Special District Social/
Assistant Commissioner Social
Welfare Officer, Osmanabad ..Respondents
WITH
WRIT PETITION NO.8025 OF 2016
1. Narayan s/o. Vikram Nagre,
Age : 45 years, Occ. Service,
as Hostel Superintendent,
r/o. c/o. Secondary Ashram School,
Itoli, Tq. Jintur,
Dist. Parbhani
2. Subhash s/o. Haridas Rathod,
Age : 50 years. Occ. Service,
as Hostel Superintendent,
r/o.c/o. Secondary Ashram School,
Itoli, Tq. Jintur,
Dist. Parbhani
3. Subhash s/o. Gabba Rathod,
Age : 43 years,
Occ : Hostel Superintendent,
r/o. C/o. Primary Ashram School,
Gadadgavan Tanda, Tq. Jintur,
Dist. Parbhani ..Petitioners
Vs.
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1. The State of Maharashtra,
Through its Secretary,
Social Justice and Special
Assistance Department,
Mantralaya, Mumbai
2. The Principal Secretary,
The Finance Department,
Government of Maharashtra,
Mantralaya, Mumbai
3. The Director,
Vimukta Jati Nomadic Tribes,
Other Backward Classes,
Welfare Directorate,
Maharashtra State,
Special Backward Classes,
Pune
4. The Special District Social/
Assistant Commissioner Social
Welfare Officer, Osmanabad ..Respondents
--
Mr.A.V.Indrale-Patil, Advocate for petitioners
Mr.S.B.Joshi, AGP for respondents
--
CORAM : T.V. NALAWADE AND
SANGITRAO S. PATIL, JJ.
RESERVED ON : FEBRUARY 13, 2017
PRONOUNCED ON : FEBRUARY 17, 2017
JUDGMENT (Per Sangitrao S. Patil, J.) :-
Common questions of law and facts are involved in these Writ Petitions. Hence, they are being disposed of by this common judgment.
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2. Rule made returnable forthwith. With the consent of the parties, heard finally.
3. According to the petitioners, they are the Hostel Superintendents working in Primary Ashram Schools controlled by the Department of Social Justice and Special Assistance, Government of Maharashtra, Mantralaya, Mumbai. Their counterparts working in the Tribal Development Department of the Government of Maharashtra, performing the same duties, are getting pay scale of Rs.4500-7000/-. However, the petitioners have been given pay scale of Rs.4000-6000/-. Some of the petitioners had filed Writ Petition No.5823 of 2015 for claiming parity in the pay scale with their counterparts working in the Tribal Development Department. This Court vide order dated 11.06.2015 directed them to make representation with the respondent/authorities seeking requisite pay scale and the respondent/ authorities were directed to decide the ::: Uploaded on - 18/02/2017 ::: Downloaded on - 19/02/2017 01:03:55 ::: 8 WP-122-16.odt representation on merits and in accordance with law. Accordingly, respondent no.3 - Director considered the representation and rejected it on 30.10.2015. The petitioners have challenged the said decision and claimed pay scale of Rs.4500- 7000/-. Some of the petitioners have claimed time bound promotional pay scale also, on the basis of the pay scale claimed by them.
4. The learned Counsel for the petitioners submits that some of the Hostel Superintendents working in Primary Ashram Schools controlled by the Department of Social Justice had filed Writ Petitions bearing Nos.1491 of 2001 (Sahebrao Karbhari Gunjal and ors. Vs. The State of Maharashtra and ors.) and 11437 of 2015 (Parmeshwar s/o Digambar Kandilkar Vs. The State of Maharashtra and ors.) in this Court, which have been decided on 01.11.2009 and 22.06.2016, respectively, wherein the Hostel Superintendents working under the control of the Department of ::: Uploaded on - 18/02/2017 ::: Downloaded on - 19/02/2017 01:03:55 ::: 9 WP-122-16.odt Social Justice have been directed to be given the pay scale of Rs.4500-7000/-. Therefore, he submits that the present Writ Petitions may be allowed in the same terms.
5. The learned A.G.P. appearing for the respondents submits that respondent no.3 has considered the relevant Government Resolutions and rightly rejected the claim of the petitioners for enhanced pay scale of Rs.4500-7000/-.
6. In view of the judgments referred to above, the issue in respect of higher pay scale raised in the present Writ Petitions is no more res-integra. The petitioners in those cases, who were similarly situated to the present petitioners, after hearing the respondents /authorities and considering the relevant Government Resolutions as well as the policy of the State Government, have been directed to be given the pay scale equal to that of the Hostel ::: Uploaded on - 18/02/2017 ::: Downloaded on - 19/02/2017 01:03:55 ::: 10 WP-122-16.odt Superintendents working under the Tribal Development Department.
7. In the circumstances, we do not find any difficulty in accepting the claim of the present petitioners for the pay scale of Rs.4500-7000/-.
Therefore, we direct the respondents to extend the same pay scale (i.e. Rs.4500-7000) and other benefits to the petitioners equal to that of the Hostel Superintendents working under the control of Tribal Development Department.
8. So far as the claim of some of the petitioners in respect of time bound promotional pay scale is concerned, we direct the said petitioners to approach the appropriate authority with necessary representation seeking the said relief. The authority concerned shall decide the representation on its own merits and considering the relevant Government Resolutions as well as the policy of the Government, as expeditiously as ::: Uploaded on - 18/02/2017 ::: Downloaded on - 19/02/2017 01:03:55 ::: 11 WP-122-16.odt possible and within a period of six months from today.
9. With the above directions, Rule is made absolute. The Writ Petitions are allowed in the above terms. No costs.
[SANGITRAO S. PATIL, J.] [T.V. NALAWADE, J.] kbp ::: Uploaded on - 18/02/2017 ::: Downloaded on - 19/02/2017 01:03:55 :::